There was no unanimity within the Sports Administrative Court (TAD) on the conduct of the president of the Royal Spanish Football Federation (RFEF), Luis Rubiales, when he kissed the player Jennifer Hermoso on the lips after winning the World Championship. The president of the TAD, Francisco de Miguel Pajuelo, issued a dissenting opinion in which he considered that “this excess, even devoid of sexual content, cannot be simply considered an inappropriate passionate reaction, given the framework in which it is carried out, about who it is carried out and the situation of preeminence of the one who does it. This disregard for a subordinate in the conditions in which it occurred, I believe, could fill the administrative offender type of abuse of authority.”
The Administrative Court of Sports (TAD) agreed this Friday to open a file against Rubiales for the possible commission of two serious infractions, unlike what the Higher Sports Council (CSD) requested since it considered the kiss as a “very serious offense” . For this reason, the TAD was urged to temporarily suspend the president of the Royal Spanish Football Federation (RFEF) since the CSD cannot do so if the file opened is for a serious infraction. FIFA temporarily suspended Rubiales from her duties for 90 days for her behavior in the final of the Women’s World Cup, on August 20 in Sydney, where Spain won the title against England (1-0).
Despite the agreement, the president of the TAD considered in his particular vote that Rubiales committed very serious infractions, as Iusport announced. One for abuse of authority in the kiss to Hermoso, since he believes that it is “excessive and unfair, unseemly, discriminatory for women and carried out precisely by those who are in a position of superiority that allows this type of act to be carried out, with absolute contempt towards the person being kissed”. Thus, he highlights that the file requested for abuse of authority could be opened for “the possible use of federative means to cover up, mitigate, blur or whitewash indecorous conduct by the president of said federation, which has been recognized by him and by the who has apologized.”
It also considers that there was another serious offense due to notorious and public acts that violate dignity and sporting decorum: “At the end of the final match of the Women’s Soccer World Cup, played on August 20, 2023, in the authorities’ box, the Mr. Rubiales makes gestures by bringing his hand to his genitals. A fact that has achieved enormous national and international notoriety and publicity, and that its content especially seriously affects sporting dignity and decorum.”
The TAD is made up of seven members with law degrees, who appoint a president by election from among themselves. Four of them are appointed at the proposal of the president of the CSD and three are proposed by the sports federations. The duration of their mandate is six years and they cannot be re-elected, although renewal occurs partially every three years.
This court now has to decide on the CSD’s request to provisionally suspend Rubiales during the resolution of the file. The Council considers that the controversy “is affecting the image of Spanish sport and of Spain” and “not only because of the enormous national and international impact it is having, but also because of the effects on relations with international federations, with the organization of the 2030 World Cup”.
